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DECISION No

DECISION No.35-TTg OF JANUARY 19, 1996 OF THE PRIME MINISTER ON ESTABLISHING THE COMMISSION AGAINST CORRUPTION AND SMUGGLING

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Resolution passed by the 8th Session of the IXth National Assembly on October 21st, 1995;

Considering the requirement of work and the proposal of the Minister specifically assigned to head the Commission against Corruption and Smuggling; the Minister-Director of the Office of the Government; and the Minister-Chairman of the Government Commission on Organization and Personnel,

DECIDES:

Article 1.- To establish the Government Commission against Corruption and Smuggling to help the Government and the Prime Minister in directing the work against corruption and smuggling.

Article 2.- The Government Commission against Corruption and Smuggling has the following tasks and powers:

1. Monitoring, supervising and guiding the implementation of the policies and measures of the Government and the Prime Minister in the work against corruption and smuggling in the Ministries, the ministerial-level Agencies, the Agencies attached to the Government, and the People's Committees of the provinces and cities directly under the Central Government. Monitoring the activities of the Commissions against Corruption and Smuggling of the Ministries, branches and localities.

2. Directly examining the cases of corruption and smuggling as assigned by the Prime Minister.

3. Organizing the coordination of actions between the concerned agencies and the Ministries and branches on anti-corruption and anti-smuggling work.

4. Assisting the Prime Minister in his work with the Supreme People's Procuracy and the Supreme People's Court in the fight against corruption and smuggling.

5. Submitting reports to the Prime Minister to settle:

- Cases of corruption and smuggling about which the concerned branches have come to different conclusions for settlement.

- Cases of corruption and smuggling the settlement of which is referred by the Ministries, branches or the People's Committees of the provinces and cities directly under the Central Government to the Prime Minister for settlement.

6. Requesting the State agencies, economic units, the armed force units, social organizations, and citizens to report, supply information, and explain problems concerning corruption and smuggling; requesting the concerned Ministries, branches and agencies to inspect, check, and investigate into cases having signs of corruption and smuggling.

7. Receiving information and reports on the fight against corruption and smuggling.

8. Summing up the situation and reporting to the Government and the Prime Minister on the fight against corruption and smuggling.

9. Studying and learning from the experiences of other countries in the fight against corruption and smuggling.

Article 3.- The Government Commission against Corruption and Smuggling is composed of:

1. A Minister specifically assigned to head the Commission; a full-time member, and part-time members including a Vice-Minister of the Interior, a Vice-Minister of Defense, a Vice-Minister of Justice, a Vice-Minister of Trade, a Vice-Minister of Finance, a Deputy General Inspector, a Vice-Chairman of the Government Commission on Organization and Personnel, a Deputy-General Director of the General Customs Department, and the General Director of the State Audit.

2. The Commission is assisted in its work by a Department for monitoring the fight against corruption and smuggling (a specialized department of the Office of the Government).

The concrete tasks, the working regulations, the organization and staff of the Department for monitoring the fight against corruption and smuggling shall be decided by the Minister specifically assigned to head the Commission against Corruption and Smuggling and the Minister-Director of the Office of the Government, as part of the staff of the Office of the Government. The Minister specifically assigned to head the Commission against Corruption and Smuggling and the Minister-Director of the Office of the Government shall reach agreement on the regulations to coordinate work between this Department and other Departments at the Office of the Government.

Article 4.- The Minister specifically assigned to head the Commission against Corruption and Smuggling shall use the Government's seal in the documents which he is empowered by the Prime Minister to sign on anti-corruption and anti-smuggling work. The official dispatches on the Commission's work shall be stamped with the seal of the Office of the Government and signed by the Minister-Director of the Office of the Government or the Vice-Director of the Office of the Government at the request of the Minister specifically assigned to head the Commission.

Article 5.- This Decision takes effect from the date of its issuance. All earlier regulations which are contrary to this Decision are now annulled.

The Minister specifically assigned to head the Commission against Corruption and Smuggling; the Minister-Director of the Office of the Government, other Ministers, Heads of the agencies at ministerial level, Heads of the agencies attached to the Government, and the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decision.

The Prime Minister,

VO VAN KIET